Williams v. Williams, 1--1073A187

• Decision Date: 29 April 1974
• Docket Number: No. 1--1073A187,1--1073A187
• Citation: 160 Ind.App. 75,310 N.E.2d 87
• Parties: Ruth E. WILLIAMS, Defendant-Appellant, v. Cecil WILLIAMS, Plaintiff-Appellee.
• Court: Indiana Appellate Court

Page 87

310 N.E.2d 87

160 Ind.App. 75

Ruth E. WILLIAMS, Defendant-Appellant, v. Cecil WILLIAMS, Plaintiff-Appellee.

No. 1--1073A187.

Court of Appeals of Indiana, First District.

April 29, 1974.

James D. Lopp, Sr., James D. Lopp, Jr., Robert M. Becker, Evansville, for defendant-appellant.

John D. Clouse, Evansville, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

The defendant-appellant (wife) is appealing the trial court's decision as it affects the division of property between herself and the plaintiff-appellee (husband). The trial court granted the divorce to the wife on her cross complaint as well as care, custody and $25.00 weekly support of the minor child of the parties. The court further found the parties each owned, as tenants in common, an undivided one-half interest of the real property with possession being given to the wife until the child was emancipated. The decree of divorce then divided the remainder of the property thusly:

'. . . the defendant is to pay the interest on the mortgage indebtedness on said home in the sum of One Thousand Dollars ($1,000.00), is to keep the property in good repair and to pay all taxes and assessment against said real estate during the period of time that she has possession of the same; the Court further finds that the defendant is the owner of the household goods and furnishings and of the 1972 Ford automobile now in her possession; the Court further finds that plaintiff is the owner of a certain Ford van automobile, various power tools, fishing boats and guns; the Court further finds that all other assets of the parties', including bank accounts at Mid-West Federal Savings and Loan Association, Union Federal Savings and Loan Association and Thrift, Inc., shall be divided equally between the parties after the payment of the marital debts of the parties', including the unpaid balance on each of the parties' automobiles . . ..'

Wife contends that the trial court's decision was contrary to the law and the evidence and that the award of property to her was inadequate and constituted an abuse of discretion on the part of the trial court. The bone of contention is that the wife considered the real estate and a savings account as her separate property. We are of the opinion that the evidence does not substantiate the wife's position.

The appellate standard by which this case is reviewed has been stated as follows:

'We will not weigh the evidence, but will consider it in a light most favorable to the appellee. The decision of the trial court, relative to property rights, alimony, and other allowances are reviewable for a determination of an abuse of judicial discretion, and for that purpose only. The judicial discretion in a case of this nature is an exercise of official conscience, not arbitrarily, willfully, or passionately exercised, but based upon the facts and circumstances of the particular case with regard to what is right and equitable under the applicable law and to the end of a just result. The appellant's responsibility is to show a clear abuse of judicial discretion. (Citing authorities)....